P R MOHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a student of law and is branded as 'goonda' within the meaning of Section 2 (g) of the A P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short the Act) on account of the alleged lawless activities. On 26-6-1987, the Collector, Chittoor, Respondent No.2, issued order dircting his detention for a period of 12 months on the following grounds : "1. You are a goonda along with your associates formed into a unlawful assembly and tried to forcibly enter into the municipal office without valid pass when counting of votes was going on in municipal office, Srikalahasthi at 10-30 AM on 108-1981 where the Sub-Inspector, Sri K.K Reddy who was on duty objected you, you have assaulted not only the Sub-Inspector, but also the Head Constable 417 and also attempted to stab P.C. 125 with a dagger. But you nave managed to escape. This incident was registered as Crime No. 63/11 under Sections 147, 307, 148, 332 IPC read with 149 IPC of Srikalahasthi Urban Police Station it was taken on file in CC No. 105/83 by Additional District Munsif Magistrate, Srikalahasthi, and the same was acquitted on 12-5-1987 as the witnesses turned hostile due to fear and scare created by you.

(2.) You have escaped from police, again collected some of your associates, viz., 1. Mirjankhan 2. Kumaraswamy 3. K. Ramamoorthy 4. Narayana Chetty 5. Prabhakar 6. P. Subramanyam 7. D. Ramesh 8. K. Udayakumar 9. Dibba Reddy 10. M. Chiranjeevulu 11. Pindi Babu and 12. Uppala Subrahmanyam formed into unlawful assembly armed with cycle chains, soda bottles, sticks, stones, etc., and caused injuries to the police' personnel on duty and this incident was registered as Crime No. 64/81 under Section 147, 148, 324, 307 IPC read with Section 149 IPC of Srikalahasthi Urban Police Station and is P.T. in P.R.C. 1/86 on the file of Additional District Munsif Magistrate, Srikalahasthi. The open attack on the police during broad day light created scare and terror in the minds of enthusiastic public who gathered there to watch counting of votes and took to their heels. You had a audacity to revenge after mobilising some of your followers armed with cycle chains and soda bottles and attacked the police personnel on duty which reflects your open defiance to law which created scare in the minds of the public of Srikalahasthi town.

(3.) On 4-11-1985 when the Executive Officer, Sri kalahastheeswara Swamy temple was selecting Goorkhas as Night Watchmen, you went there and assaulted the Executive Officer without any prvocation. Tn this connection a case in Crime No. 101/85 u/s. 353 IPC has been registered against you in Srikalahasthi Urban Police Station and the case is under investigation. Your open attack on police personnel with cycle chain, soda bottles, brick bats and your assault on the law abiding and peace loving Executive Officer Srikalahastheeswaraswamy Devasthanam created a terror in the minds of public at Srikalahasthi town and in the surrounding villages.